Where in the world are you thinking of?

More Than You Bargained For

Sometimes a little overseas purchase can lead to big trouble. Sallie Brady explains the complicated international laws that govern what you can and cannot buy abroad

When retired surgeon and archaeology buff Dr. Joel Teplinsky bought $2,000 worth of bronze figurines, stone oil lamps, and coins from a shop in Lebanon, he had no idea his purchase would land him and his adult daughter, Aimee, in jail. But a few days later, when the two entered Egypt on their trip through the Middle East, they were charged with smuggling antiquities and were put behind bars. They were released a day later, only after they had pled their innocence before a special prosecutor.

Although Teplinsky had no idea he might be breaking the law, Egyptian authorities charged him with defying a UNESCO Convention that prohibits the ownership and transport of cultural property. With no export permits or proof of provenance for the objects, Teplinsky could not prove that he wasn't violating the treaty. Even if Teplinsky had made it home to Los Angeles with his treasures, there's a good chance his booty would have been confiscated by U.S. customs officers at LAX, since the United States, like Egypt, is a keen enforcer of that UNESCO Convention.

To those unfamiliar with international laws and treaties governing the sale of antiquities, shopping the globe can be a minefield. The UNESCO Convention, drafted in 1970 and signed by 103 countries, was created to curb the illicit import and export of cultural property. This means that purchasing antiquities (including some art just over 50 years old), archaeological artifacts, and ethnological objects can be illegal. "You need a certificate of origin, an export permit, and your receipts," says special agent Tim Carey of U.S. Immigration and Customs Enforcement, in Newark, New Jersey. "If you come into the United States without those documents, we will hold the items and you could be prosecuted." Carey also warns against buying objects in "red flag" areas—the United Arab Emirates, Hong Kong, Japan, and London—where stolen cultural property frequently ends up. (For more on prohibited cultural property, go to exchanges.state.gov/culprop.)

Avoiding Trouble

When making purchases abroad, travelers must consider not only whether what they buy can be legally taken from the country they're visiting but also whether they will be permitted to bring it into the United States. While every country has its own export watch list (see "Buyer Beware"), the objects causing the most trouble are, in general, those that could have been made from an endangered species, those that could be considered antiquities or cultural artifacts, foodstuffs, and handcrafts made from plant materials that could harbor pests. Courier services such as DHL (dhl.com) and Federal Express (fedex.com) maintain detailed country profiles that list what goods can and cannot be taken across the border.

The International Fund for Animal Welfare reports that U.S. Customs officers seize thousands of foreign purchases each year, many of them souvenirs crafted from endangered species and, surprisingly, bought at airports and resorts. "Take the road out of Santo Domingo and you'll see stall after stall selling jewelry and souvenirs made of tortoiseshell, coral, and other endangered species," says Jake Kheel, director of the Dominican Republic's Puntacana Ecological Foundation. "Tourists will buy and not realize that this is encouraging poaching and the destruction of our reefs." Not to mention that it might be illegal to bring what they are buying into the United States.

Thanks to the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 169 countries agreed to forbid the sale of 5,000 animal species and 25,000 plant species that fall under the treaty (cites.org). This ban covers anything made using endangered creatures, including tigers, elephants, and ostriches. It also means prohibiting the sale of rare coral, such as black coral, which is still made into jewelry in Jamaica, and red coral, which is likely to be added to CITES and is readily available in Hong Kong and Italy.

Ivory, though it can be legally sold in some countries, is banned for import into the United States. "South Africa prohibits the international trade of ivory," says Lynn Levine, program communications officer for the International Fund for Animal Welfare, "but domestically it's a different story." In other words, it's legal to buy ivory there, but it's illegal to take the ivory out of the country. Shoppers may be told that the ivory they're purchasing pre-dates the 1989 ban and is thus exempt, but even a permit stating that fact is no guarantee an ivory purchase is legal. Some countries are known to counterfeit permits, and Mike Carpenter, senior biologist at the U.S. Fish and Wildlife Service, says that the agency watches for them. "If our inspectors have any doubts, they'll seize the ivory and send it to a lab" for testing, says Carpenter.

Penalties

As Teplinsky learned the hard way, many nations strictly forbid the import or export of certain goods. Charged with enforcing more than 400 regulations issued by 40 agencies, U.S. border officers have little patience with travelers who do not truthfully declare their purchases. A failure to declare carries a fine of $300 to $1,000, and a claim of ignorance is no defense. If customs authorities think that you knowingly tried to bring something illegal into the United States, they may bring criminal charges against you. (For more information, go to customs.gov/xp/cgov/travel/vacation/kbyg/.)